Bell Aircraft Corp.

National Labor Relations Board - Board Decisions

Jun 13, 1944

56 N.L.R.B. 1356 (N.L.R.B. 1944)

In the Matter of BELL AIRCRAFT CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (UAW-CIO)
In the Matter of BELL AIRCRAFT CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (UAW-CIO)
Cases Nos. 3-R-766 and 3-R-774, respectively.-Decided June 13,1944
Dudley, Stowe c Sawyer, by Mr. Horace C. Winch, of Buffalo, N. Y.,
for the Company.
Mr. David Diamond, of Buffalo, N. Y., for the Union.
Mr. Max M. Goldman, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly,filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America
(UAW-CIO), herein called the Union, alleging that questions affect-
ing commerce had arisen concerning the representation of employees
of Bell Aircraft Corporation, Wheatfield, New York, herein called the
Company, the National Labor Relations Board provided for an appro-
priate consolidated hearing upon due notice before Peter 3'. Crotty,
Trial Examiner. Said hearing was held at Buffalo, New York, on
May 2,1944. The Company and the Union appeared and participated.
The Company moved to dismiss the petition in Case No. 3-8-774 on
the ground that the unit requested'by the Union is inappropriate, and
the Trial Examiner referred the motion to the Board. For reasons
stated hereinafter, the motion is hereby granted. All parties were
afforded full opportunity to be heard, to examine and cross-examine-
witnesses, and to introduce evidence bearing,on"the issues. The Trial.
'Examiner's rulings made at the hearing are free from prejudicial error-
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board. On May 12, 1944, the Company filed a
motion with the Board to correct the record in certain respects. The
56 N. L. R. B., No. 242.
1356
BELL AIRCRAFT, CORPORATION 1357
Union having been afforded an opportunity to object to the motion on
or before May 19,'1944, and having failed to do so, the motion is
granted. -
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bell Aircraft Corporation, a New York corporation, is engaged in
the manufacture of aircraft at its Niagara Frontier Division which is
solely involved in this proceeding. During the year 1943, the Com-
pany purchased raw materials, to be used at the Niagara Frontier
Division, valued in excess of $1,000,000, of which more than 51 percent
was shipped to the Company from points outside the State of New
York. During the same period, the Company sold finished products
valued in excess of $1,000,000, of which more than 51, percent, was
shipped by it to points outside the State of New York. -
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Internatiolial Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of IIi-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company. - -
III. THE QUESTION CONCERNING REPRESENTATION IN CASE NO. 3-R-766; THE
ALLEGED QUESTION CONCERNING REPRESENTATION IN CASE NO. 3-R-774
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its timekeepers in Case No.
3--R-766, and certain of its laboratory workers,in Case No. 3-R--774,
until the Union has been certified by the Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate in Case No. 3-R-
776.1
We find, with respect to'Case No. 3-R-766, that a question affecting
commerce has arisen concerning the representation of employees of the
Company, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
Since, however, we hereinafter determine that the unit sought by '
the Union in Case No. 3-R--774 is inappropriate, we find, in regard to
I The Field Examiner reported that the Union in Case No 3-R-766 submitted 117 desig-
nation cards , that there are 186 employees in the unit petitioned for ; and that the cards
were dated as follows : 43 in 1943, 63 in 1944, and 11 undated. -
I
587784-45-vol 56-87
1358 DECISIONS: OF NATIONAL LABOR RELATIONS' BOARD
that case , that no' question affecting commerce -has arisen concerning
the representation of employees of the Company , within the meaning
of Section 9 (c) and Section 2 -( 6) and (7) of the Act.
Iv. THE APPROPRIATE UNIT IN CASE NO . 3-R-7 66; THE ALLEGED APPROPRIATE
UNIT IN CASE NO. 3-R-774
The parties have stipulated in Case -No. 3-8-766 that all timekeepers
employed by the Company at,its Niagara Frontier Division , excluding
those employees who occupy a rank higher than that of lead time-
keeper, constitute an appropriate bargaining unit. They are in dis-
agreement , however, concerning the'status of the lead timekeepers, the
Union contending that they should be included, and the Company that
they should be excluded from the unit as supervisory employees.
The Company employs between 20 and'25 lead timekeepers and be-
tween 185 and 200 timekeepers at its Niagara Frontier Division. The
lead timekeepers are in charge of groups consisting of'between 3 and 7
timekeepers. They are responsible for the work of the employees of
their respective groups, advising them as to procedure, assigning them
to their work, and ascertaining whether their tasks are properly exe-
cuted. The lead timekeepers effectively 'recommended discipline and
merit raises for the timekeepers ,under their supervision. We are -of
the opinion that the lead timekeepers fall within our customary defini-
tion of supervisory employees , and we shall , therefore , exclude them
from the unit.2
We find that all the timekeepers employed by the Company at its
Niagara Frontier - Division , excluding lead timekeepers and - those
employees occupying a rank higher than that of lead timekeeper, and
all' other supervisory employees with authority to hire, promote, dis-
charge, discipline , or, otherwise effect changes in the status of employ-
ees, or effectively recommend such action , constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
In Case No .- 3-R-774 the Union seeks a unit of the Company's Ni-
agara Frontier Division laboratory workers employed in department
16 and stationed in the Main Street and Elmwood Avenue plants, and
would exclude the other laboratory workers of 'department 16'sta-
tioned at the Niagara Falls plant . The Company moved to dismiss
the petition , asserting : ( 1) that the laboratory workers have confiden-
tial duties and are consequently so close to management that they , can-
not form a unit appropriate for the purposes of collective bargaining,
and (2 ) in the event the Board rejects that contention , only a ' unit of
all the laboratory workers in its Niagara Frontier Division is appro `.
priate. -
a SQe Sverru Gyroscope Company, Inc , 55 N'. L R. B. 997.
BELL AIRCRAFT CORPORATION 1359
Although some of the laboratory, employees perform work on -war
products which is considered secret, it does not appear that the duties
of these employees -identify them with management' or that they
acquire, in the course of such duties, knowledge of matters pertaining
to labor relations. Therefore, we find no merit to the Company's con-
tention that, the laboratory workers are precluded from engaging in
collective bargaining.3 '
,The Company employs laboratory workers in departments 16, 34,
and 67, at its Niagara Frontier Division. They are all under the gen-
eral supervision of the chief division engineer, and they perform re-
search; testing, and inspection functions for the Company. Their
qualifications and working conditions are comparable. As indicated
above, the Union seeks a unit of only some of the laboratory employ-
ees in department 16 and would exclude all others in that department;
although the remainder perform -substantially the same role in the
Company's operations. In addition, the Union would.exclude labo-
ratory employees in departments 34 and 67 of the Niagara Frontier
Division, who perform functions closely analogous to those performed
by department 16 employees.4' It appears that in Case No. 3-R-766
the Union seeks to bargain with the Company for the timekeepers in
the entire Niagara Frontier Division. Moreover, on another occasion
the Board found, and it was the Union's position, that the guards em-
ployed throughout that Division constitute an appropriate unit.5 We
are of the opinion that the employees sought by the Union form only
part of a homogenous group of Niagara Frontier Division laboratory
workers and do not in themselves constitute an appropriate unit.
Consequently, we shall dismiss the petition in Case No. 3-R-774.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that' the questions concerning representation which
has arisen be resolved by an election by secret ballot-among the em-
ployees in the appropriate unit who were employed during' the pay-
roll period immediately preceding the date of the Direction of Elec=
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c)' of the National Labor Relations
Act, and pursuant to Article III, Section 9,,of National Labor Rela-
tions Board Rules arid, Regulations-Series 3, it is hereby
6 See Republic Aviation Corporation , 54 N L R B 539 1
4 The laboratory workers.in ' department 16 do mechanical research and materials testing,
those in department 34 test the functional parts of the finished airplane ; and those in de-
partment 67 test the flight instruments.
6 54 N. L R B. 1578.
I
1360 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bell Aircraft Cor-
por Ution, Wheatfield, New York, an election by secret ballot shall be
conducted as early as possible, but not later than'thirty (30) days
from the date of this•Direction, under the direction and supervision of
the Regional Director for the Third Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, ,Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said py-roll period because they were ill or on vacation or temporarily
laid off, and, including employees in'the armed forces of the United
States who present, themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Inter-
national Union, United Automobile, Aircraft and Agricultural Im-
plement Workers of America, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition, for investigation and certification of representatives
of employees of the Bell Aircraft Corporation, Wheatfield, New York,
filed by International Union, United Automobile, Aircraft and Agri-
cultural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, in Case No. 3-R-774 be, and it hereby is,,
dismissed. ,
MR. GERARD D. REILLY took no part in the consideration of the above
Decision, Direction,of Election and Order.